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Copyright registration is not mandatory to obtain rights in the United States, consistent with the rest of the world, under the Berne Convention. The owner of a work is entitled to mark the work “© [owner] [date]” to provide notice of ownership, regardless of registration status. A federal copyright registration is only required to enforce rights in U.S. courts. So why register early? U.S. law contains some valuable incentives to encourage copyright registration. An owner who timely registers is eligible to recover statutory damages (if desired) and attorney fees, in addition to obtaining an injunction. A copyright owner who registers more than three months after publication and after infringement commences, can still seek an injunction, but monetary recovery is limited to actual damages.
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NIL Regulation: Can the NCAA Recover and Advance Its Own Fumble?
By Howard Mulligan
With a view toward injecting some modicum of clarity into the volatile arena of NIL, a plethora of legislation has been enacted at the state level and proposed at the federal level.
Determining Ownership Rights of Social Media Accounts
By Dyan Finguerra-DuCharme, Felicity Kohn and Abla Belhachmi
Whether in the context of artist/entertainment company, employer/employee, franchisor/franchisee or influencer/brand relationships, who owns and controls the social media accounts and associated goodwill sometimes comes into dispute. This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.
Trademark Trial and Appeal Board’s View of Parodies
By Susan A. Smith and Doyle S. Tuvesson
While most trademark-related lawyers are familiar with the “Bad Spaniels” and “Chewy Vuitton” federal court decisions on trademark parody, decisions by the USPTO Trademark Trial and Appeal Board on trademark parody marks are rarely examined.
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.